Revolutionary War Pension and Bounty Land Warrant Application File W. 19242, John D Failing, New York

SERVICE
NUMBER
New York
Failing, John D. Elizabeth
W. 19242
CONTENTS

32,452
New York 8470
John D. Failing, dec d .
Jefferson Co, in the State of N. York who was a Private in the company commanded by Captain House of the regt, commanded by Col. Waggoner in the N. York line for 21 months & 7 days,
Enscribed on the Roll of Albany, at the rate of 70 Dollars 77 Cents per annum, to commence on the 4th day of March, 1831. To end 27 th May 1838, when he died.
Certificate of Pension issued the 22 nd day of April 1846, and sent to Hon. B. R. Wood, House of Representatives,
Arrears to the 4th of Semi-annual allowance ending
Increased from $60 per m. Payable to Elizabeth Failing, his widow.
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by D. Brown Clerk, Book E. 2. Vol. 4. Page 24.

gent notice, see letter to Penn. Agent - { Aug 9. 1846}
as certificate sent to } P. B. R. No 15. May 1846. } letter to Penn. Agent " " " }
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50

John ... ... ...

State Of New York Montgomery county S.S. On this 5th day of September A.D. 1833. personally appeared before me the Subscribed a Judge of the Court of Common Pleas in for said County John D. Frailing a resident of the Town of Oppenheim in said County aged according to the best of his information & belief, Eighty six years the fourteenth day of last Sept. who being duly sworn by me the said Judge according to Law, doth on his oath make & depose to the truth of the following declaration in order to obtain the benefit of the act of Congress, passed June 7. 1832 - That he Entered the Service of the United States in the Revolutionary War under the following named Officers & served as herein after stated, but that by reason of his old age bodily infirmities & the inadequate loss of his memory, he cannot state positively the precise length of his service, nor the time of entering & leaving each term of service herein after stated & gives the same according to the best of his recollection & belief - That on account of his age bodily infirmities & the distance (being about fourteen miles) from his residence to the place where the Courts in for said County are held this declaration is made by him before the said Judge - That he entered as a private the Company whereof Christian House was the Capt., Snc. Zimmerman Lieut., Henry Zimmerman Ensign, in the Regt. whereof Jacob Klock was the Col. under Genl. Nicholas Herkimer about the commencement of the Revolutionary War - & according to the best of his recollection, on the 5th Augt. 1775. & that then he & the said Company were stationed at the House of one Jacob Frailing in the now Town of Oppenheim under the command of their Capt. House for at least the period of Seven Days - that his officers ordered him into this service as was usual when the whole Company were to be engaged or on some emergency - & that when he entered this service, he resided in the now Town of Oppenheim (then Town of Palatine) in the now County of Montgomery (then County of Tryon) in said State - & that he served as a private for the period aforesaid - was verbally discharged from this service on the 12th of Augt. 1775. according to the best of his recollection. That at said place where said Company was stationed there had been a Fort in the French war as he understood, the traces of which could still be seen when said Company were there stationed - It was on the road usually travelled by the Indians near which the Mohawk River was forded - He does not recollect for what purpose the said Company were there stationed - There were no other troops at said place -

that he did not see Genl. Berkeimer at said place & it may be that he was not then commissioned a Genl. - the said company subsequently he well remembers belonged to Genl. Berkeimer's Brigade - thinks it did at this time but he does not know that fact - & may be mistaken in that supposition - as to rendition of this service he has hereto attached the affidavits of Jacob Zimmerman & John J. Hailing -
2. And further says that in the year 1776 he still belonged to the said company whereof Christian House was Capt. in the Reg. & whereof Jacob Klock was Col. (the same officers belonged to said company he has before named he thinks) - but the day & month he cannot give recollect that he rendered this service - that in the year Col. Klock ordered him to go & pick & carry a letter to one Fisher at Canajoharie who was known in the war by the name of Col. Fisher - that Col. Klock handed him the letter which he carried to Col. Fisher & was engaged in this service but one day - that when he rendered this service he resided still in the now Town of Grafton aforesaid - & belonged to said Capt. House's company as a private - That he cannot state more particularly the time he rendered this service - & if not sufficient, he desires this service to be disallowed - that he has no testimony & knows of none he can procure, as to the rendition of said service
3. - And further says, that on the 10th Jan y 1777 he still belonged as a private to the company whereof Christian House was Capt. in the Reg. & whereof Jacob Klock was the Col. - that according to the best of his recollection he was then ordered into the service by his officers & was marched in said company commanded by his Capt. from the now Town of Grafton where he then resided to a place called "Klock's Fort" in the now County of Herkimer & was there stationed with said company for at least the period of Eight Days & naturally discharged, he thinks, on the 18 th Jan y 1777. Also served as aforesaid as a private - he well remembers that while at said Fort the Indians had killed a Boy a short distance from the Fort who was brought to the Fort & buried - that he has conversed with some who have told him that they had been engaged in this service in said company, but who cannot recollect of seeing him in this service

has been therefore no testimony as to the rendition of this service & knows of none he can procure.
And further says, that during the Summer of the year of 1777, he still belonged as a private to the said Company whereof Christian House was the Capt. in the Regt. whereof Jacob Klock was Col. - that the day & month he cannot recollect - but that according to his recollection in the Summer of said year he about 25 men of said House's Company were ordered by their Officers into Service, & he thinks Capt. House commanded them - that he then still continued to reside in the said Town of Goshen where he was marched from said Town to a place called Remeny - down brush in the New Town of Ulster County. & being about a day at said place, they were marched home & discharged - that he served at least two days at this time as a private - & he believes the reason of their not serving longer at this time was that a Capt. John Keyser of some Militia were at said place - that he also saw said Keyser & also Hoover an officer in said Keyser's Company at said place - that he cannot give the day & month when this service was rendered - & if this service is not sufficiently set forth, the same to be disallowed. that he knows of no testimony he can procure as to the rendition of this service -
And further says, that on the first day of August 1777 he still as a private belonged to the said Company whereof Christian House was Capt. in the Regt. whereof Jacob Klock was the Col. under Genl. Nicholas Herkimer that then he & said Company Regt. were marched from the New Town of Goshen where he then still continued to reside to the German Flatts on their way to relieve Fort Stanwix - that at the German Flatts he & some others of said House's Company were sent home to prevent surprise from the Indians while the rest were to go to Fort Stanwix - that he & about 8 others went home & acted as scouts

18 to Lottin Lieut. Zimmerman of Capt. Hornick's Company Commanded him said party so sent back home from the German Flatts - He understood the Lieut. was ordered that if he had secured the "Long women" (so called then) so that they could not give information of the absence of the troops I supposed it safe he Lottin Lieut. sent back from the German Flatts for the said Lieut. & his party were then to follow the troops under Genl. Herkimer to Fort Stanwix - that being at home a party as aforesaid, Lieut. Zimmerman with his said party Lottin proceeded to join the residue of the troops under Genl. Herkimer - that when they had got as far as Utica or near it, they met some of the militia who had run away from the battle called the Oriskany battle & who informed them that all was lost - whereupon he & the said Lieut. Zimmerman & his party returned - since not engaged in the battle - that he was ordered into other service by his officer - I served at this time in all at least five days according to the best of his recollection as a private as aforesaid - That Jacob Zimmerman whose affidavit is hereto annexed has told him that he was among those sent back from the German Flatts, but that he could not recollect where that he the said Lottin D. Tailing the applicant was among them so sent back from the German Flatts - - He has therefore no testimony as to the rendition of the service, - knows of none he can produce - & that he returned home after the said battle on the 5. or 6. the day of Aug. 1777. to the best of his recollection -
And further says, that he on the 2 nd November 1777. still belonged to the said Company as a private whereof Christian Hornick was the Capt. in the Regt. & whereof Jacob Kloott was the 1 st Lieut. & then still continued to reside in the said Town of Oppenheim - that then according to the best of his recollection he & others out of Capt. Hornick's Company were drafted to serve in Fort Plank in the new Town of Minden - that he did go to Fort Plank & served as a private under a Capt. of the name Kettenbach,

6. of Mrs. Gilley at said Fort, for at least the period of Eight Days from said time he was drafted to the 10 Nov. 1777. as he recollects, was discharged. That Jacob Glemmerman's affidavit as to this service he has hereto annexed.
7. And further says, that in the month of April (he thinks) of the year 1778. (the particular day he cannot state) he again served as a private in the Company whereof Christian Bone was the Capt. in the Regt. whereof Jacob Klock was the Col. - that he then still resided in the said Town of Ghenheim - was ordered into this service by his officers - that the whole Company were engaged - that they were stationed at the house of one Rudolph Rabatte in said Town for at least the period of seven days - that he served in said Company at this place as a private for at least seven days - that several other Companies belonging to same Regt. were stationed in the neighborhood at different places - He does not recollect the cause of the said Companies being stationed as aforesaid called into the service - was not really discharged from this service after serving as aforesaid - He knows of no testimony he can procure as to the rendition of this service by him - if this service be not sufficiently established, then to be disallowed.
8. And he further says, that in June 1778 to the best of his recollection (the particular day he cannot say) he was ordered by Col. Klock to whose Regt. he belonged to carry a letter from him to (he thinks) Capt. Nicholas Ritchie who resided in the now Town of Elkralah in said County - that he at the time was a private in said Company whereof Christian Bone was Capt. in the Regt. whereof said Klock was Col. - resided in the said Town of Ghenheim that he did carry said letter to Capt. Ritchie & was only engaged one day in this service - On his return from Capt. Ritchie he remembers of hearing of the death of Lieut. Hornwood who had been killed by by the Indians & he stopped on his way home at the house of said Hornwood's father 1.09

209 I there saw him? Wormwood dead & scalped - said Wormwood was killed by a party of Indians as was said headed by Brant the Indian Chief at or near Cherry Valley - he saw young Wormwood the day or so after he had been killed - that he has no testimony as to the rendition by him of this service other than of none he can prove - if same is not sufficiently established, the same to be disallowed.
9. I further say that on the 12 Nov. 1778 he still belonged to the said Company whereof Christian House was Capt. in the Regt. whereof Jacob Klock was Col. & was at the time at Fort Plank in Menden in the service, on private business the particular of which he cannot recollect - he was at all events at Fort Plank & is not positive he was serving in Fort Plank at the time - when Christopher Fox (he thinks) with his Company came to said Fort on his way to Cherry Valley - that he at said Fort entered said Company & proceeded with them to Cherry Valley & there saw a man & woman sister & brother  were said to be a clergyman & his wife, who had been killed by the Indians - he also saw an officer that lay dead  scalloped by the Indians as was said - he saw many of the inhabitants there that had been killed by the Indians - that he was engaged as a private at least three days on this tour of service - returned in said company thence - that he at the time belonged to the Company whereof Christian House was Capt. in the Regt. whereof Jacob Klock was the Col. - & he thinks, his absence & being at Fort Plank was the reason he did not go in said House's Company to Cherry Valley - that said Fox's Company belonged to Col. Klock's Regt. - Christopher Fox was along & thinks acted as Capt. of the men he joined at Fort Plank as aforesaid to go to Cherry Valley - whether he volunteered or was ordered by some officer to go along he cannot recollect - & that he returned home, he thinks, 15 Nov. 1778 from said tour of service - that he resided at the time in the said Town of Mendenheim though he was at Fort Plank either in the service or on business when he entered this tour of service.

And further says, that on the 15 Augt 1780, he still belonged as a private to the Company whereof Christian Horn was the Capt in the Regt whereof Jacob Klock was the Col. Still continued to reside in the said Town of Offenbach that then he said Company commanded by their Capt together with other companies were under the command of Genl Van Rensselaer - that he was marched from said Town in said Company along the Mohawk River to Fort Stanwix guarding same Batten to the latter place - that Genl Van Rensselaer commanded the troops - that on their return from Fort Stanwix when at Utica news was brought that the Indians in the absence of the Militia had destroyed the settlements about Canajoharie & as they hurried towards home to Fort Stanwix on their way there at the German Flatts his Capt requested him to let his horse which he rode to one Robert Pellic to carry a pack to Albany - he consented said Pellic took his horse - who was on his way to Albany taken a prisoner, as he has always understood by the Indians that his horse was taken off by the Indians to Canada - that one Jacob Failing the father of John J. Failing (a not affidant as to the condition of his service from Albany in herunto annexed) was about the same time also taken by the Indians to Canada. as to the condition of his service he has the affidavit of said John J. Failing herunto annexed of what he heard his father say in his life time as to this service - that he knows of no other testimony he can procure as to the condition of said service - that when he returned home in the Company it was found true that the Indians had destroyed the settlements aforesaid - that he served as a private on the town for at least the period of three days there then 10. on 18 Augt 1780 discharged verbally - that his officer ordered him into this service
He further says that he still belonged to the Company whereof Christian Horn was the Capt in the Regt whereof Jacob Klock was the Col. on 28 Augt 1781. as a private to the best of his recollection on that day was in the  Fort  guarding same as a private under Henry Zimmerman Ensign of said Company  the  at same time in said Fort in consequence of an

alarm that a party of Indians & Tories were in the way to attack the settlement in the neighborhood of the Fort & that on said day in the morning just after Breakfasting he left the Fort & walked out about a half quarter of a mile when he was surprised & taken a prisoner by a party of Forest Indians of about 140 strong - that shortly after they commenced an attack on the Fort but were driven off by those in the Fort - that they then burned & destroyed everything  house & buildings etc in their way & went off to Canada taking him along as a prisoner - he was taken to Duck Island (so called then) where he saw John D. Hailing also a prisoner whose affidavit is hereto annexed - that the Indians detained him as a prisoner, & he suffered a great deal among them more than he can express - he was covered with lice & dirt. he was taken by them to Montreal & there sold for some rum & tobacco - that he was after that sent home - that he & two boats loaded with prisoners were sent home - that he returned home by way of Tienderoga Lake George Saratoga & Schenectady & thence home to the said Town of Oppenheim where he resided when he was taken a prisoner & has ever since - arrived home according to the best of his recollection on the fourth day of Sept 1783 - that he was about from home (from the time he was taken a prisoner as aforesaid to the time of his return) for at least two years and when taken a prisoner as aforesaid he was a private in the said Company commanded by Capt Christian House in the Regt of Col Jacob Root - That the said party of Indians & Tories destroyed & burned dwelling houses, barns & among which were his father's dwelling house & barn - before they departed for Canada - that all the testimony he can procure as to his said imprisonment among the Indians & being taken a prisoner by them is hereto annexed & contained in the affidavits of Jas. B. Zimmerman & John D. Hailing who were neighbors of his for the revolutionary war & since the war have resided in the same Town with him the said No. D. Hailing - that while in Fort Zimmerman was furnished with gun & had ammunition furnished him -
2 years Prisoner

Further says that he has set forth the names, rank of the field Company officers under whom he served as far forth as he could recollect the same except the Company officers belonging to Capt Horite's Company in which he principally served - who were the same as stated by him in his first mentioned service with the exception of some who had been killed by the Indians or in battle - that he is quite infirm & nearly deaf - that he has no documentary evidence that he has all his testimony as to his said services, imprisonment here to Annapolis - he hereby relinquishes every claim whatever to a Pension or annuity except the present, & declares that his name is not on the Pension roll of the Agency of any State in answer to the first interrogatory prescribed by the War Department & put by the Judge, he says that according to his information which he was upon in the Year 1753. Sept. 14th in the now Town of Hopkinton where he has always continued to reside - & in answer to 2 d Interrogatory presented by the War Department & put by the Judge, he says that he has no record of his age - & in answer to the 3 d Interrogatory presented by the War Department & put by the Judge, he says, that he lived in the said Town of Hopkinton when called into the services before stated by him - that he lived since the Revolutionary War in the same Town of Hopkinton where he still continues to reside - & in answer to the 4 th Interrogatory presented by the War Department & put by the Judge, he says that he was called into the service sometimes by a draft & sometimes warned or ordered into the service by his commanding officers as before stated by him - & in answer to the 5 th Interrogatory he says that he has already given the names of his Company & field officers under whom he served - that he does not recollect the names of any of the regular officers, if any, who were with the troops where he served - that already stated all his Continental & militia Regiments as well as the general circumstances of his services as he could recollect - that he never rec d any other than a verbal discharge from

the Service - that he in answer to 7th interrogatory states that he is known in his present neighborhood to John J. Failing & John Miller who can testify as to his character for veracity & their belief of his services as a Soldier of the Revolution - that when he rendered before mentioned services he was not engaged in any Civil pursuit - that a Clergyman has resided in his neighborhood whose family still reside there but that said Clergyman is absent acting as an agent under an appointment with the New York State Sabbath School Society & he has sworn to subscribe - therefore not then able to obtain his testimony - that this 5th day of September he does not write his name - A.D. 1833 before me David Spraker a Judge of Montgomery County Court - John J. Failing mark
We John J. Failing & John Miller both residing in the Town of Goshen in County of Montgomery State of New York hereby certify that we are well acquainted with John J. Failing who has subscribed & sworn to the above declaration; that we believe him to be seventy nine eighty years of age - that he is reputed & believed in the neighborhood where he resides to have been a Soldier of the Revolution - that the belief is general & no doubt to our knowledge have existed on the subject - & that we concur in that opinion. Sworn & subscribed to this 5 day of September A.D. 1833 before me David Spraker a Judge of Montgomery County Court - John Miller John J. Failing
I the said Judge do hereby declare my opinion after the investigation of the matter & after putting the interrogatories presented by the War Department that the above named applicant was a Revolutionary Soldier served as he states & was a prisoner of the as he states among the Indians - & I the said Judge further certify that it appears to me that John J. Failing a clergyman resident in the Town of Goshen in County of Montgomery State of New York is also a resident of same place & both have signed the preceding certificate - that they are respectable & credible persons & that their statements are entitled to full credit - that the applicant by reason of his bodily infirmities is unable to attend the Court in person in said County - In witness whereof I have hereunto set my hand this 5th day of September A.D. 1833 David Spraker a Judge of Montgomery County Court

State of New York Montgomery County ss. personally appeared this 5th day of September A. D. 1833. John D. Failing of the Town of Glenham in said County, before me the Subscriber being duly sworn by me according to law does Depose & say on his oath that he is aged about sixty seven years - says he was well acquainted with John D. Failing of said Town during the Revolutionary War Since - that he saw said John D. Failing in the Revolutionary War about its commencement in the dawn of the United States as a private in the Company where Christian House was Capt. in the Regt. where Jacob Klock was Col. - that Capt. House & his Company were Stationed at his father's house in said Town the winter in the fall of the Year 1775 - when he saw said John D. Failing serving as a private in said Company at his father's house where said Regiment resided - that said Company to the best of his recollection were stationed about a week at said place - during all which time he believes said John D. Failing served in said Company - that it was always said that in the French War there was a Fort near to adjoining his father's dwelling - that this Regiment well remembers that said Fort was destroyed before the Revolutionary War - that a road passed by his father's house usually travelled by the Indians in going to & from Sir Wm. Johnson's residing at Johnson's & to & from Genl. Johnson's residence near Canajoharie & to & from his father's also the Mohawk River was forded - his father's house was in the days considered situated in a public place - that about the time said Company was stationed at his father's, Genl. Johnson removed some or had removed out of the County & the Inhabitants were alarmed according to the best of his recollection -
And further says that he well remembers of his father being taken a prisoner in Augt. 1780 (he thinks) the same day after that the Settlements about Canajoharie were destroyed by the Indians - that his father on his return from his imprisonment told this deponent that he rode on his way to Canada (part of the way) the house of John D. Failing while Robert Miller had in riding a horse - that said Miller was also taken a prisoner by the Indians - this deponent always understood from & heard often the said John D. Failing say that he was a prisoner in the Service of the United States at the German Flatts when at the request of his Capt. he consented to said Miller taking his horse to ride a post -
And further says that he was a prisoner among the Indians

I think according to his recollection from May 1781 to Dec r 1782. That while a prisoner among the Indians at Buck Island (then so called) the said M c . D. Failing was brought in by the Indians as a prisoner - that he then conversed with said M c . D. Failing & thinks it was in September of the year 1781 that he saw said M c . D. Failing as prisoner among the Indians - that after which they were separated he did not again see him while a prisoner. that when this respondent returned from his said imprisonment about the last of Nov. or first of Dec r 1782 the said M c . D. Failing had not yet returned from his said imprisonment - that this respondent resided only about a quarter of a mile from where the said John D. Failing had resided in the said Town of Schoharie before & after his imprisonment - that this respondent saw the said M c . D. Failing shortly after he had returned home which was according to his recollections in the latter part of the Summer or fore part of the fall of the year of 1783 - further says that during the Revolutionary war he he had heard of the said M c . D. Failing serving in the militia in said war besides what he has stated but he cannot state or recollect the particulars thereof - but that he saw & frequently in the course of of said M c . D. Failing he has stated before - but further says that he always understood that the said M c . D. Failing was in Fort Scheneman together with a number of the militia who were there engaged in guarding same  stationed that in going about half a quarter of a mile from said Fort he said M c . D. Failing was taken a prisoner by a party of Indian Tories who after commenced an attack on the Fort, but were repulsed - Sworn. Subscribed to this 5 th day of September John J. Failing A.D. 1833 before me David Spaulding Judge of Montgomery County Courts
State of New York Montgomery County. ss. Be it known that John J. Failing who has signed the foregoing affidavit & sworn to the truth of same before me is a person of good character & standing & that his statement contained in above aff t is entitled to full credit & belief & that he is a credible & respectable person well known to me. David Spaulding Judge of Montgomery County Courts of Sept. 1833 at my hand

State of New York Montgomery County } ss. Personally this 29 th day of Aug. t A.D. 1833. appeared Jacob Zimmermann a resident of the Town of Apshelm in said County before me the subscriber a Justice of the peace in & for said County - & on being duly sworn by me does depose & say that he is aged about seventy five years - that he was taken a prisoner by the Indians in the year 1781 about the 9 th of that year. that before said deponent was taken a prisoner as aforesaid he recollects that John D. Failing of said Town served with him as a private in the Company whereof Christian Houle was Capt. & Bro. Zimmermann Secy. & Henry Zimmermann Ensign in Regt. whereof Jacob Klock was the Col. - that he this deponent says about the commence- -ment of the Revolutionary war he in said Capt. Houle Company were stationed some time at the Houle where John D. Failing's father resided in the now Town of Apshelm, & that said John D. Failing the applicant also served in said Company as a private at this time at said place where in the French were, he understood, was a Fort - That Capt. Houle's Company were engaged in this service - remembers of seeing him said John D. Failing in this service - he cannot recollect the length of time they served at this place - nor can he recollect the year - but knows it was about the first of the war -
Further said deponent says, according to the best of his recollection in the fall of the year 1777. he this deponent said John D. Failing with others were drafted out of the Company whereof Christian Houle was Capt. in the Regt. whereof Jacob Klock was Col. to serve in Fort Plank - that they did go to Fort Plank in Minden & there he this deponent said John D. Failing served together under a Capt. of the name of Jacob Rielly or John Rielly - that he was acquainted with said Failing while in this service - that they served he thinks at least eight days at the Fort in guarding same &c. - & he cannot remember the name of any other officers at the Fort at the time - & further says, that while he this deponent was a prisoner as aforesaid he heard that said John D. Failing was also a prisoner & some one told him there is John D. Failing who was some distance from him - that this deponent looked & thinks he saw said Failing so as to recognize him among the Indians - that when this deponent returned from his imprisonment about last of December 1782. the said John D. Failing had not yet returned from his imprisonment - & that said Failing returned home

in the fall of the year 1783 - that he saw said Hailing & heard of his return from imprisonment & thinks he saw him some time after said Hailing's return home - that he understood always that said John D. Hailing with others were in Fort Zimmerman when said Hailing after going a short distance from the Fort was taken by a party of Indians a prisoner & that he always understood that when said Hailing was taken a prisoner the Indians commenced an attack on the Fort, but were obliged to retreat & took said Hailing along with them - that this deponent on his return from his imprisonment let out some of the muskets balls out of the roof of the Fort which were, as it was said, shot into the Fort by the party of Indians that took said Hailing a prisoner - I further say not — Sworn & subscribed to this 29 th day of August A.D. 1833 before me
Jacob Zimmerman
Abiel Loamis Justice of the Peace
State of New York Montgomery County ss. I hereby certify that Jacob Zimmerman who signed the above affidavit was sworn to the truth of the same by me the said Justice is a neighbor of mine with whom I am well acquainted - I further certify that he is a respectable credible person of good & fair standing in society & that his statement contained in foregoing affidavit is entitled to full credit & belief - On witness. whereof I have this 29 th day of August 1833 set my hand
Abiel Loamis Justice

State of New York Montgomery county ss. I George D. Ferguson Clerk of said County & of the Court of Common Pleas in & for said County do hereby certify that Asahel Loomis Esq. before whom the foregoing affidavit of Jacob Finnerman purports to have been sworn, & who signed the certificate of the said Justice as to the credibility & respectability of said Jacob Finnerman was at the date of same one of the Justices of the Peace in & for said County - that same were written with his hand writing & verily believe his name subscribed to the said affidavit & to said certificate to be his proper hand writing & signature - I further certify that David Spraker Esq. before whom the foregoing declaration of John D. Failing an applicant for a Pension purports to have been made & sworn to; & before whom the foregoing certificate of John S. Failing & John Miller purports to have been sworn to, & who purports to have signed the certificate of the said David Spraker the judge & before whom the foregoing affidavit of John S. Failing purports to have been sworn to & who purports to have signed the certificate of the said David Spraker Esq. as to the character of the said John S. Failing the witness, was at the date of the same one of the Judges of the Court of Common Pleas in said County - that I am acquainted with the hand writing of the said Judge & verily believe his name subscribed to the said declaration for a Pension of John D. Failing & to the said certificate of John S. Failing & John Miller & to the said certificate of the said Judge & to the said affidavit of John S. Failing & to the said certificate as to the character of the said John S. Failing, to be his proper hand writing & signature, & that the said acts of the said judge are entitled to full credit & belief & that the said Court of Common Pleas is a court of record - In testimony whereof I have hereunto set my hand & seal of office this 11th day of September A.D. 1833 - Geo: D. Ferguson

Accepted
Witnesseth that the within is a true copy of the original whereby it appears that he served in the Revolutionary war, as a Private .
Inscribed on the Roll at the rate of 70 Dollars 75 Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 18 day of July 1848. and sent to
Adolf Ellis Waltham Mass
Recorded on Roll of Pensioners under act February 2, 1848, Page 69 Vol. 4

12625 April 8, 1846
to Elizabeth Findling
July 7, 1898.
m 85 a 38
advised
21 mo. 704 per
70.77 from
27 may 38 the date of her husband's death
also acts 43. H44
8,573
477
Hon. B. R. Wood H. Rep

State of New York
Jefferson County On this 16 th day of March 1846 personally appeared before me one of the Judges of the Court of Common Pleas of the County of Jefferson aforesaid Elizabeth Failing a resident of the town of Pamela, County and State aforesaid aged Eighty one years and upwards who being first duly sworn, according to Law doth on her oath make the following declaration in order to obtain the benefits of the provision made by the Act of Congress passed July 7 th 1838 entitled an act granting half pay and pensions to certain widows. That she is the widow of John D. Failing who was a private soldier in the war of the Revolution and served in what is now known as the County of Montgomery and Herkimer. She further declares that her said husband during the Revolutionary war was taken Prisoner by the enemy and carried to Canada & there kept a prisoner about two years; has frequently heard her husband relate many circumstances connected with his services & imprisonment, has been shown by her husband the spot where he was taken prisoner, it being on a farm subsequently occupied by her said husband himself and family. Declarant saith she cannot recollect how long her said husband served during the said war, but has heard her said husband say he was engaged in the service and taken and kept a prisoner as aforesaid. She further declares that she was

7 married to the said John D. Hailing in the year one thousand seven hundred and eighty five and that her maiden name was Elizabeth Smith. She further declares that she has no record of her marriage or the births of her children her family record having been accident- ly destroyed by fire. The names of her children are Henry, Richard, Matthias, Nancy, John, Thomas, Margaret, and Efan
She further declares that her husband the aforesaid John D. Hailing died on the 27 th day of May in the year one thousand eight hundred and thirty eight ; that she was not married to him prior to his leaving the service, but the marriage took place previ- ous to the first day of January one thousand seven hundred and sixty four viz. at the time above stated
Subscribed & sworn to before me this 16 th day of March 1846
Elizabeth her X Hailing mark
G. C. Sherman Judge Counsellor etc.
I certify that I am acquainted with the above aforesaid Elizabeth Hailing who has this day made the forego- ing declaration before me and that she is a person of good moral character & standing & that I believe that the declaration as above set forth is entitled to full faith and credit & that in my opinion she is as old as she represents herself to be and that from bodily in- firmity she is unable to write her name and for the same cause unable to make her declaration in open Court
March 16 th 1846
G. C. Sherman Judge Counsellor etc.

State of New York
Jefferson County
John Hailing being duly sworn deposes and says that his father John D. Hailing died in Pamelia Jefferson County New York on the 27 th day of May One Thousand eight hundred and thirty Eight and that his mother Elizabeth Hailing who has this day made the foregoing declaration has not intermarried since the death of her husband the aforesaid John D. Hailing but is still his widow Sworn to the above this 18 th day of March 1846 before me John Hailing
State of New York, } ss. Jefferson County Clerk's Office.
H. Charles B. Board , Clerk of said County, do hereby certify, that G. C. Sherman before whom the annexed affidavit purports to have been sworn,
was at the date of the same a Judge of the County Court in and for said County, and duly authorized to take the same; and further, that I am well acquainted with his hand writing, and verily believe his name subscribed to the same to be his proper hand-writing and signature.
to with he is 2
WITNESS my hand, and seal of said County, this 18 th day of March in the year 1846
C. B. Board Clerk. My In st  M c Guinness Deputy J. C. Sherman George C. Sherman

State of New York
Jefferson County
John Hailing being duly sworn deposes and says that his father John D. Hailing died in Pamelia Jefferson County New York on the 27 th day of May One Thousand eight hundred and Thirty Eight and that his mother Elizabeth Hailing who has this day made the foregoing declaration has not intermarried since the death of her husband the aforesaid John D. Hailing but is still his widow Sworn to & subscribed this
16 th day of March 1846 before me John Hailing Y. C. Sherman Judge Counsellor
I certify that I am personally acquainted with the above named officer and that he is not only a credible person, but one of respectability and worth
March 16 th 1846 Y. C. Sherman Judge Counsellor

4 State of New York & ss. Montgomery County
Christian Klock of St Johnsville County of State aforesaid Aged about Seventy Years Who being first duly Sworn according to law deposeth & saith That he was personally acquainted with John D Failing deceased late a resident of Montgom- ery County N.Y. and also with his wife Elizabe- th Failing That he has been so acquainted with the said John D Failing and his said wife Elizabeth from deponants Earliest recollecti- on. That he has always understood & believing & it has always been so understood & believed in the neighbourhood That the said John D Failing was taken prisoner during the revol- utionary War and Carried to Canada how how long he was a prisoner deponent doth not recollect. That he has heard the said Failing & other old soldiers say that the said Failing was a prisoner as aforesaid. deponent also saith that the Maiden name of the wife of the said John D Failing was Elizabeth Smith daughter of Matthew Smith & from deponants Earliest recollection knows them to have lived together and reputed in the neighbourhood as husband & wife & brought up a family of Chil- dren The names of some of them were Henry Richard, Matthias, John, Thomas & others, & that the wife of said Matthias was my wife, That the said John D Failing & his wife removed from this place some ten years ago to the County of Jefferson N.Y. Where as deponent has recently been informed by one of their Children. The Widow of John D Failing is yet Living - Subscribed & Christian Klock Sworn to this 27 th day of March 1846 before me Jas. Wilson Justice St Johnsville N.Y.

5 This may Certify That I am personally acqu- ainted with Christian Block within name I have been from my earliest recollection I know him to be a person of Good Moral Char- acter & Standing of his Statements Entitled to full credit & belief
Jas. Wilson Justice

State of New York } Joseph G Klock of St Johnsville, in County of Montgomery } the County and State aforesaid Deposed six and upwards who being first duly sworn according to law Depose to That he was personally acquainted with John D Failing deceased, late a resident of Jefferson county N.Y. and is also acquainted with his widow. That he has been acquainted with the said John D Failing and his wife, whose maiden name was Smith, from deponants earliest recollection until they removed from this place to Jefferson County N.Y. That deponant has always understood and believes, and it has always been so understood in the neighborhood, that the said John D Failing was taken prisoner during the Revolutionary War and carried to Canada by the enemy, how long he was so kept a prisoner, deponant doth not recollect. That the maiden name of the wife of the said John D Failing was Smith. That the said John D and his wife have lived together, and so reputed in the neighborhood, as husband and wife from deponants earliest recollection to the time they removed from this place to Jefferson County in the State of New York, the words "I believe" indicating upon examination
Joseph G. Klock
Subscribed & Sworn to before me this 27 th day of March 1846 Jas. Wilson Justice St Johnsville N.Y.
I hereby certify that I am personally acquainted with the above named Joseph G Klock. That he is a person of good moral character & standing & I firmly believe his statement is entitled to full faith & credit
Jas. Wilson Justice St Johnsville Mont Co. N.Y.

STATE OF NEW-YORK, Montgomery County Clerk's Office.
ss.
I, CHESTER S. BRUMLEY, Clerk of said County, do hereby certify that James Wilson esq whose name is subscribed to the annexed Surats & affidavits was at the time taking such affidavits a Justice of the peace of said county; and further, that I am well acquainted with the handwriting of such Justice and verily believe that the signature to the said Surats & certificate is genuine:
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said county, the 31 st day of March 1846
Jno H. Milner Deputy CLERK. Clerk being absent

State of New York County of Montgomery
Joseph G Klock of St Johnville, in the County and State aforesaid Age seventy six and upwards who being first duly sworn according to law Deposeth That he was personally acquainted with John D Failing deceased late a resident of Jefferson county N.Y. and is also acquainted with his widow. That he has been acquainted with the said John D Failing and his wife, whose maiden name was Smith, from deponants earliest recollection until they removed from this place to Jefferson County N.Y. That deponant has always understood and believes, and it has always been so so understood & believed in the neighborhood, that the said John D Failing was taken prisoner during the Revolutionary War and carried to Canada by the enemy, how long he was so kept a prisoner, deponant doth not recollect. That the maiden name of the wife of the said John D Failing was Smith. That the said John D and his wife have lived together, and so reputed in the neighborhood, as husband and wife from deponants earliest recollection to the time they removed from this place to Jefferson County in the State of New York, the words "understood" & "believed" indicating upon examination
Subscribed & sworn to before me this 27 th day of March 1846 Jas Wilson Justice St Johnville N.Y.
Joseph G. Klock
I hereby certify that I am personally acquainted with the above named Joseph G Klock. That he is a person of good moral character & standing & I firmly believe his statement is entitled to full faith & credit.
Jas Wilson Justice St Johnville N.Y.

State of New York S.S. Montgomery County
Personally appeared before me Jas. Wilson Esq. a Justice of the Peace of the County & State aforesaid Jacob H. Hailing of the same place Aged Sixty Nine Years Last April Who being duly sworn according to law deposed that he was personally acquainted with John D. Hailing deceased. That the said John D. Hailing formerly resided in this vicinity from whence he removed to Jefferson County in the State of New York. Deponent also saith that he has always understood & believed it has always been understood & believed in the neighborhood that the said John D. Hailing was taken prisoner during the Revolutionary war & carried to Canada by the Enemy, how long he was kept a prisoner deponent does not recollect. That the Maiden Name of the wife of John D. Hailing was Elizabeth Smith & Deponent also saith that he was well & personally acquainted with her. That he has been so acquainted with the said John D. Hailing & his wife Elizabeth & knows them to have lived together as so reputed in the neighborhood as husband & wife for upwards of fifty five Years last past - or in other words became acquainted with them upwards of fifty five Years ago & knew them to have lived together & were reputed as husband & wife from that time until they removed from this place to Jefferson County aforesaid during which time they have always been reputed as husband & wife & brought up a family

of Children The names of some of their Children of their family are Henry, John, Richard Mathias, Thomas & others. deponent also saith that the Letter "D." in the name of said Farling was inserted on account of the name of the father of the said John D Farling whose name was Richard & that Richard is the English of Dredrick as deponent has always understood and believes
Sworn & Subscribed before me Jacob H. Farling on the 27 th day of March 1846 Jas. Wilson Justice of the peace
I hereby certify that I am personally acquainted with the above named Jacob H Farling I have been for upwards of Twenty Years That he is a person of Good Moral Character & standing this statement entitled to full credit & belief I hereby believe
Jas. Wilson Justice

Extract.
Parents { Johannes (Dieter) Gehling von Palatine Elizabeth Gehling geb. Schmia
Infant - Mathews.
December one thousand seven hundred and eighty nine - Joseph Knieriem being duly sworn according to laws, Deposeeth that he is Minister of the Dutch Re- formed St Johns Church at St Johnsville in the County of Montgomery and State of New York, - That he has in his possession the ancient Baptismal register of said Church. That he finds under the running head of baptism, the foregoing which is a true and correct extract from said records, except the date which is expressed on said records in fair legible figures as follows, viz. 1789  December .
Subscribed & Sworn to before } Joseph Knieriem me this 25 th day of March 1846
Jas Wilson Justice of the peace St Johnsville
State of New York } County of Montgomery } I James Wilson Justice of the Peace in and for said County hereby certify that Joseph Knieriem above named is the minister as aforesaid & his statement entitled to full faith & credit.
Jas. Wilson Justice

State of New York / } Herkimer County } Abraham G. Rosecrantz of the Town of Little Falls County and State aforesaid aged forty one years and upwards, being duly sworn according to law, Depose and says that he has in his possession the ancient Record of Marriages which he has always understood and believes was solemnized by his Grand father the Reverend Abraham Rosecrantz who was the Early Pastor of the dutch Reformed church of this vicinity, that I find Recorded under the heading head of Marriages the Name of John Feiling and Elizabeth Smith which took place on the fifteenth day of March in the Year one thousand Seven hundred and Eighty five, Except the date which is Exposed on said Record in fair legible figures as follows viz.
1785. d. 15. Mertz. Johannes Feiling  Hitter u. Elizabeth Smidt.
Sworn to before me this } 25 th day of March 1846 }
Abraham G. Rosecrantz
George Petrie, Justice of the Peace.
State of New York
Herkimer County } I certify that the name of George Petrie above written is in said Petrie's own handwriting, and at the time the above affidavit purports to have been taken said Petrie was a justice of the peace duly elected & qualified in & for said County - Witness my hand & Official Seal March 26. 1846 G. A. Morrison Clerk

In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their services in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent. per annum, viz:
  21 st May 1783.  John D Feeling  $ 56  12  5  
STATE OF NEW-YORK, COMPTROLLER'S OFFICE, Albany, 1 st Ap l 1846.
I hereby certify the above to be true extracts from Book No. 8, now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
   First—under Capt.  in Col.  Regt.      Second " " On reference to the Book of Audited Ac ts      Third " " the above appears to be for Prisoner's Pay      Fourth " " while a private in Col. Clarke's Regt. from      Fifth " " 14 th Augt. 1781. to 24 th May 1783. 21 mo. & 7 days.      Sixth " " " " " "      Seventh " " " " " "      Eighth " " " " " "      Ninth " " " " " "      Tenth " " " " " "      Eleventh " " " " " "      Twelfth " " " " " "     
Philip Phelps Comptroller

Rev
WIDOW, &c.
File No. 19242
Elizabeth Hailing widow of John D Hailing Pri Rev War
Act: Feb 29 48
Index:—Vol. 88 , Page 227
[Arrangement of 1870.]

7694. Albany, N. York
Elizabeth Failing, widow of John D. Failing who was a Private in the Revolution
Inscribed on the Roll at the rate of 70 Dollars 77 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 22, day of April 1846, and sent to Hon. B. R. Wood House of Representatives
[Acts of March 3, 1843.]
8 June 17. 1844
Recorded in Book A. Vol. 2, Page 75.

Rep?
Letter to J. N. Plant 30th April 1846.
Letter to Purvis Agent } May 9. 1846
Letter to Purvis Agt. 16. May 1846.

New York 9968
Elizabeth Failing
Widow of John D. Failing, who was a pensioner under the Act of 1832 and who died on the 27 th May 1838. of Jefferson Co. in the State of N. York who was a Private in the company commanded by Captain House of the regt. commanded by Col. Waggoner in the N. York line for 21 mos. 87 days
Inscribed on the Roll of Albany at the rate of 70 Dollars 77 Cents per annum, to commence on the 4th day of March, 1836. 27 th May, 1838.
Certificate of Pension issued the 22 nd day of April 1846, and sent to Hon. B. R. Wood, Member of Representatives
Total amount,
$
[Act July 7, 1838.]
Recorded by D. Brown Book D. Vol. 1.
Clerk,
Page 157.

Buffalo Feb. 14. 53 Comr of Pen. Sir
I am the son of John & Hailing (Deceased) Thomas John Child I am of this living - your kindred myself. My Mother has since her death during her life. She has had some two years. No application has ever been made for the pay due my father after the passage of the act of 1832 to the time of his death, some thirteen years pay as a private. We have con- -cluded to make application now to obtain such arrearage. I want to know what it is required to prove to obtain such pay. I want also to know whether the proofs now on file in the Pen- -sion office furnished by my mother of my father's services, can avail me. to supersede the necessity of fur- -nishing such proofs "de novo" to establish such services. Please answer at your earliest convenience - I sent your letter to B. Buffalo even if J. D. Gros Esq
Yours Respectfully
Richard Hailing

It would appear by the enclosed certificate that John D. Failing was a pensioner at the rate of $60 per Annum & that amount to be deducted, but such is not the fact. He is not and never was a pensioner. The paying Agent has declined paying anything in this case until this certificate is corrected & full instructions given in relation to it. He also requires more definite instructions in relation to those issued & afterwards corrected under the Acts of 1838, 43 and 44.
Wm Valentine Albany N.Y.
Albany May 11 th 1846

New York Nov 3420
John D.ailing Suspended
Lot John Ellis 20
Nov 1833
Rejected
In letter to
John Ellis
May 20: 1834
R'd Falling June 4. 1853
Act 7 June. 32

Acts of July 14, 1862, and March 3, 1875.
REJECTED
3420
P. O.
John R. Failing
Service: Consolidated May 26 1862 with admitted widow Elizabeth Failing File
Enlisted: No. 19.242 , 18
Discharged: Am. Briar , 18
Application filed: _____ , 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contr.
_____ Cert. of Dis. Searched for _____ , 18

State of New York
Sufferson County ss
On this 24 th day of June 1848 personally appeared before the undersigned a justice of the Peace in and for the County aforesaid Elizabeth Hailing a resident of the town of Pamela in the County of Jefferson in the State of New York aged Eighty four years, who being first duly sworn according to Law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed on the 2 nd day of February 1848 granting pensions to widows of persons who served during the Revolutionary war; that she is the widow of John D. Hailing who was a private in the Army of the Revolution and served in the New York line of the Army as a teamster or baggage rider, the name of his officer not recollected; That she was pensioned under the act of June 17 th 1844 at the rate of Seventy dollars and Seventy five cents per annum. She further declares that she is still a widow
Elizabeth Hailing her mark
On the day and year first above written, came before me Elizabeth Hailing, above named affiant with whom I am personally acquainted and made solemn oath to the truth of the foregoing declaration & subscribed to the same in my presence
James Jones Justice of the Peace

I, James G. Lynde, Clerk of said County, do hereby certify, that James Jones Esq.
before whom the annexed affidavit purports to have been sworn.
was at the date of the same a Justice of the Peace
in and for said County, and duly authorized to take the same; and further, that I am well acquainted with his hand-writing, and verily believe his name subscribed to the same to be his proper hand-writing and signature.
Witness my hand, and seal of said County, this 7 th in the year 184 8 .
day of July James G. Lynde Clerk. (By W. E. Maddox Deh)

37236.
110

State of New York } County of Jefferson }
On this 2nd day of April 1846 before me Josiah Bonney, a Justice of the Peace in and said County personally appeared Elizabeth Failing who being first duly sworn according to law doth make the following Declaration in order to obtain the pension which she has been informed and believes was due her husband John D Failing under the Act of June 7 th 1832 and which, she has also been informed and believes is now due her, from the 4 th of March 1831 to the 27 th day of May 1838 the day of her said husband's death.
That she is the widow of John D Failing deceased and that she, has made a declaration a few days since before Judge Sherman of Watertown Watertown in said County for a pension under the Act of July 7 th 1838 To which, and other matters relating thereto, in connection with the proofs which may be furnished or accompany it, she refers the Department in support of the foregoing claim
Subscribed & sworn to before me this 2nd day of April 1846
J. Bonney Jr. Justice
Elizabeth F. Failing mark
I certify that Mrs Failing who has made the foregoing affidavit before me cannot now be found
State of New York, } ss. Jefferson County Clerk's Office. }
E. Charles B. Hoard, Clerk of said County, do hereby certify, that J. Bonney Jr. before whom the annexed affidavit purports to have been sworn,
was at the date of the same a Justice of the Peace in and for said County, and duly authorized to take the same; and further, that I am well acquainted with his hand writing, and verily believe his name subscribed to the same to be his proper hand-writing and signature.
WITNESS my hand, and seal of said County, this 14 day of April in the year 1846
E. B. Hoard Clerk.
By Josiah Bonney Justice of the Peace
J. B. Justice

State of New York } County of Jefferson }
On this 2nd day of April 1846 before me Josiah Bonney, a Justice of the Peace in and said County personally appeared Elizabeth Failing who being first duly sworn according to law doth make the following Declaration in order to obtain the pension which she has been informed and believes was due her husband John D Failing under the Act of June 7 th 1832 and which, she has also been informed and believes is now due her, from the 4 th of March 1831 to the 27 th day of May 1838 the day of her said husbands death. That she is the widow of John D Failing deceased and that she has made a declaration a few days since before Judge Sherman of Watertown in said County for a pension under the Act of July 7 th 1838 To which, and other matters relating thereto, in connection with the proofs which may be furnished or accompany it, she refers the Department in support of the foregoing claim
Subscribed & sworn to before me this 2nd day of April 1846 J. Bonney Jr Justice
Elizabeth Failing mark
I certify that Mrs Failing who has made the foregoing affidavit before me cannot write her name in consequence of nervous debility occasioned by age & bodily in- firmity
J. Bonney Jr J.P. Justice

State of New York County of _____ aforesaid being first duly sworn according to law Deposeth That _____ is one of the children of James & Esther Croft deceased and one of the identical persons named in an original pension certificate of which I certify the following is a true copy viz War Department, Revolutionary Claim. I certify that in conformity with the laws of the United States of the 7 th of June 1832, July 7 th 1838, 3 March 1843 & June 17 th 1844 James Croft deceased who was a Corporal, was entitled to a pension at the rate of Eighty Eight dollars per Annum commencing on the 11 th March 1831 under the Act of June 7 th 1832 and ending on the 9 th March 1839 the day of his death, Esther Croft
The above was not observed by me at the time, or not until after the within was written & executed
Wm Valentine

See Mrs. Failing's Declaration & proof on file in our No. 1838 recently filed

State of New York Montgomery County ss. Be it known that, before me Askel Loonis a Justice of the Peace in the Town of Oppenheim in for said County personally appeared, on this 18 th day of December 1833, John D. Frailing an inhabitant of said Town, to me well known, & who on being duly sworn by me, says on his oath that he has been informed & believes same that his application for a Pension is suspended in order that he should give the name of the officer that commanded Fort Zimmerman at the time he was taken a Prisoner by the Indians as stated by him in his declaration on file in the Pension office Department & also the circumstances under which he was placed where he was so taken a Prisoner as aforesaid. In order to give supposed requisite information so far as he does recollect, he saw John Zimmerman a Lieutenant in Capt. House's Company to wit he belonged as a private was shot & scalped by the Indians, he thinks some 8. or 10. days previous to the time he then defendant was taken a prisoner. That Henry Zimmerman an Ensign in said Company had the command of said Fort when this defendant was taken as aforesaid. That Capt. House & part of his company, he this defendant understands were in Fort Walbratte about 2. or 3. Miles from Fort Zimmerman. That Conrad Zimmerman a Sergeant in said Company was also in Fort Zimmerman. That the militia officers (he thinks none others were in the Fort at the time) were not strict at the time. A little order or regularity was observed in Fort Zimmerman when it was not known or supposed that the enemy were in the vicinity of the Fort. That according to his recollection it was not known or suspected that the enemy were in the vicinity of the Fort at the time he left same & was taken a prisoner as aforesaid it was, however, reported that a party had left Canada & were on their way - but it was not he thinks supposed that they had arrived near the Fort nor were they so soon expected. While in Fort Zimmerman he had arms & ammunition furnished him. That the men in the Fort would go out & come in without consulting or asking permission from the officers, unless they meant to go some considerable distance or be gone some time or that it was known that an enemy was in the vicinity of the Fort. That this defendant when he left the Fort intended to go but a little distance from the Fort & soon to return to it - that on the morning of the 28 th Aug t 1781. (he thinks) he left the Fort as aforesaid & apprehending no danger from an enemy he went about half a quarter of a mile from the Fort to an apple-tree under which he was eating apples & picking up some to take to the Fort he had left when an Indian surprised him came running up to him with his gun aimed at him & told him to stop - took him & ordered him to go along - he did so - & after going a short

distance the Indian loaded his gun which then appeared had not been loaded when aimed at him - & shortly after he was taken an attack was made by the Indian on Fort Zimmerman, but they were repulsed by those in the Fort. He was taken along to Canada a prisoner. That when he was so taken as aforesaid he had gone as far as he had intended & meant to return to the Fort with some apples he was then picking up - that he cannot recollect that he consulted the officer or asked them for permission to leave the Fort - but supposes from the circumstance that he meant to go but a short distance from the Fort & soon to return to it, that he did like the rest of those in the Fort not ask permission. & further says that he is afraid of hearing - quite infirm - and a little more than bodily infirmities to labor - & that his sufferings among the Indians were great - & that a Pardon if entitled to it & granted to him, would be of great use to him, & gratefully received from his Country.
John D. Hailing
Sworn & subscribed to this 15 th day of December A. D. 1833. before me
State of New York Montgomery County. S. J. Ashbel Sohier a Justice of the Peace in said County do certify that the above named John D. Hailing is well known to me - that he signed as above foregoing affd. t & was sworn by me to the truth of the same - & that he is a creditable person. Seated December 1833 -
State of New York Montgomery County. S. J. George D. Ferguson Clerk of the Court of Common Pleas in & for said County. do hereby certify that Ashbel Sohier Esq. before whom above affidavit purports to have been sworn & who signed the above Certificate was at the date of the same one of the Justices of the Peace in & for said County - that I am acquainted with his hand writing & sincerely believe he named subscribed to said affd. t & said Certificate to be his proper hand writing & signature - In testimony whereof I have hereunto set my hand & seal of office this 20 th day of December A. D. 1833.
Geo: D. Ferguson

Albany Pension Agency April 25. 1846.
James L. Edwards Esquire, Comm r of Pensions, Sir,
By your letter of the 22 d inst. I am instructed to pay Elizabeth Gailing Widow of John J. Gailing, under the act of 7 June 1832, his pension increased from $60 to $70.77 "from the 4 th of March 1831 to the 17 th of May 1838, when he died" —
I am also instructed to inscribe her name under the acts of 7 July 1838, 3 March 1843 & 17 June 1844 at the same rate — $70.77.
It appears from our Books that on the 21 st of March last we paid to the Attorney of John J. Gailing, upon his oath of identity & other usual Vouchers, his pension $30, due 4 th March last.
His oath of identity, purports to have been subscribed & sworn to by him on the 5 th day of March, before Asa Clark, a Justice of the Peace of Orleans County — and that he (the Pensioner) then resided in "Kendall" in that County —
I think it proper to apprise you of these facts, and shall await your further instructions, before I pay the Widow.
John J. Gailing has been regularly paid at the rate of $60 for many years —
I am, Sir,
Very Respectfully
Your obed t Serv t
Thomas W Collett
Pro t Pension Agent

M c L. Edwards Letter a to the Pension application of M c L. Frailing
Dec 26. 1833 sent aff d of Frailing supplying a. support the defects within pointed out.
W.H.
John Noble Esq Salina
John Noble Esq Salina

J. Edward. Commisr. of Pensions
John Nellis Esq Palatine N.Y.
Dec. 26. 1833 New York. J. Edward offic. of Pensions in reply to letter of Dec. 25.
Mr. J. Edward letter on the Pension application of Mrs. F. Fanning

War Department
Pension Office
Nov. 20. 1833.
Sir,
The papers of John D.ailing, have been examined. It appears by the declaration in this case, that the applicant was not in the Fort at the time of being taken prisoner by the Indians. In order to a decision upon this claim, it is required that the applicant should state precisely the circumstances under which he was placed, when taken prisoner; the name of the officer in command of the Fort &c whether absent in pursuance of an order, and engaged in military service, or absent on parole. The case is suspended, and the papers placed on file.
I am Respectfully,
Br. Col. Secy.
J. L. Edward
John Nellis Esq. Palatine
N.Y.

To see pension papers of Mrs Elizabeth Failing
E. B. Mr Ewing June 30 - 57

Evansville Apl 7 th 1851
Sir Yours of a late date came duly to hand I will obtain Mr. Fipp's New declaration and see what can be done.
I have the pension certificate of Elizabethailing Widow of John D.ailing Who was a private in the revolutionary war she receives $70.77 per ann her husband never drew a pension while living
The certificate is No 771 dated July, 18 1848 undu act of February 2 nd 1848 last page 69 Vol H.
Will you, in case of write me by return mail whether she is entitled to an increase
There was a pension obtained for Mr.ailing after his death but the family do not know how much I have not yet learned of any of these widows but is put to get a peek at Mr Ely's list and then I can do it all O.K.
Most truly Yours affec J. Thomas Ewing Jr Esq attorney Washington D.C.
James H. Bowers enqr & arle

Watertown July. 7. 1848
Sir
Enclosed is the application of Elizabeth Tailing for a pension under act of July. 21 1848
On the 14 th ult. I transmitted a number of claims, Certificates for all have been recd but that of Hope Randall
Very Respectfully Yr Obedt Servt
Adriel Ely
L. Edwards Esq r Arm y Pensions

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States, of the 7 th of June 1832, John D. Failing, deceased, late of New York, who was a Private in the Revolution, was entitled to a pension at the rate of Seventy Dollars and Seventy-seven Cents per annum; and having died on the 27 th of May 1838, the amount due, from the 4 th of March, 1831, to the time of his death, is payable to Elizabeth Failing, his widow. The amount heretofore paid at the rate of $60 per annum, is to be deducted.
Given at the War Office of the United States, this — 22 nd — day of April, one thousand eight hundred and forty-six.
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Secretary of War.
Examined and Countersigned. }
Commissioner of Pensions.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States, of the 7 th June 1832, John J. Failing, du o late of New York, who was a Private in the Revolution, was entitled to a pension at the rate of $70:77 per annum; and having died on the 27 th of May 1838, the amount due, from the 4 th March 1831, to the time of his death, is payable to Elizabeth Failing, his widow. The amount heretofore paid at the rate of $60 per annum is to be deducted.
New certificate issued 15. May 1846. without any deduction
Given at the War Office of the United States, -this 22 nd day of April one thousand eight hundred and forty-six,
Secretary of War.
Examined and } Countersigned. }
Commissioner of Pensions.

Albany N.Y. May 11 th 1846
Dear Sir
The correction was duly made in the other two certificates but in this a part has been omitted, as You will observe by the enclosed memorandum, which memo s You will please forward to the commission with the pension certificate. It is somewhat remarkable they should have added blunder to mistake
I am Yours very respectfully Yours Valentine
Hon B. R Wood M C Washington.
P.S. please accept my thanks for Your promptness and trust You be equally so in forwarding & returning this to me
I am Yours & W. B.

NY Representative Hall May 13 1840
Col. Edward Br hi
The note accompanying the within pension papers will explain the object of Mr. Valentine in returning them.
I remain
Truly yours & B. R. Wood